DCB v Secretary of the Department of Education NSW [2017] NSWCATAD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCB v Secretary of the Department of Education NSW [2017] NSWCATAD 189 Hearing dates: 25 May 2017 Date of orders: 25 May 2017 Decision date: 16 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: 1) The decision of the respondent on 2 May 2017 to cancel the applicant's provider approval under the Children (Education and Care Services) National Law (NSW) is stayed until the final determination of the Tribunal of the Administrative Review application filed 16 May 2017. Catchwords: ADMINISTRATIVE LAW- Education and Care Services National Law – Operator approval – Breach of condition of approval – Objects and Principles of National Law – Children – Childcare Services – Failure to commence operating with 6 months – Administrative review jurisdiction– External Appeal jurisdiction – whether stay is desirable- interim stay under section 60, 61, 62 Administrative Decisions Review Act 1997 (NSW) – stay granted. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Children (Education and Care Services) National Law (NSW) Children (Education and Care Services) National Law Application) Act 2010 (NSW) Children (Education and Care Services) Supplementary Provisions Act 2011 (NSW) Children (Education and Care Services) Supplementary Provisions Regulation 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: CTG v NSW Department of Education Early Childhood and Care Directorate [2017] NSWCATAD 60 CVN v New South Wales Department of Education, Early Childhood Education & Care Directorate [2017] NSWCATAD 109 CVM v New South Wales Department of Education, Early Childhood Education & Care Directorate [2017] NSWCATAD 108 CVT v NSW Department of Education & Communities, Early Childhood Education & Care Directorate [2017] NSWCATAD 74 CTZ v NSW Department of Education, Early Childhood Education and Care Directorate [2017] NSWCATAD 132 DAM v NSW Department of Education and Communities [2017] NSWCATAD 175 Elgammal v Director General, Department of Transport [1999] NSWADT 82 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 Long Life Family Daycare v Director General Education Directorate (Administrative Review) [2016] ACAT 69 New South Wales Bar Association v Stevens [2003] NSWCA 95 Polini v Gray (1879) 12 Ch D 438 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Procedural and other rulings Parties: DCB (Applicant) Secretary of the Department of Education NSW (Respondent) Representation: Counsel/Advocates: H Elachkar (Solicitor) H Sims (Solicitor)